The (R)evolution of Indian model bilateral investment treaty: escaping liability without mitigating risks

As of June 2016, India has been a respondent inseventeen publicly known investor-state disputes which places India in the category of one of the most challenged countries in the field of international investment arbitration. This article examines the safeguards identified by India in its 2015 Model BIT that seeks to mitigate the impact of investor-State dispute settlement in relation to India’s existing and future BITs. The article argues that India should choose an approach that seeks a fine balance between protecting investor’s interests as well as the host state’s interests. In this regard, the article identifies the free trade agreements that India has negotiated with the South East Asian countries as an appropriate template. While India’s Model BIT seeks to achieve this balance, the challenge remains in integrating this new approach to other existing international investment agreements.